Williams v. Watson et al

Filing 46

ORDER ADOPTING 44 REPORT AND RECOMMENDATIONS IN ITS ENTIRETY ; granting 34 Motion for Summary Judgment; The claims against Defendant Deputy Freeman are DISMISSED WITHOUT PREJUDICE. Signed by Honorable Timothy L. Brooks on August 25, 2016. (rg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION PLAINTIFF AMBROSE BERNARD WILLIAMS Case No. 5:14-CV-05077 v. NURSE DARLA WATSON; DEFENDANTS and DEPUTY FREEMAN ORDER Currently before the Court is the Report and Recommendation (Doc. 44) (''R&R") of the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas, filed in this case on July 29, 2016, Watson's Motion for Summary Judgment (Doc. regarding Separate Defendant Nurse Darla 34) and Brief in Support (Doc. 35). . Ambrose Bernard Williams filed Objections to the R&R (Doc. 45) on August Plaintiff 15, 2016. After reviewing Mr. Williams' Objections, the Court finds he does not provide any basis in fact or law as to why the Court should decline to adopt the Magistrate Judge's R&R. He merely explains again, briefly, the reasons why he has sued Nurse Darla Watson and then asks that the Motion for Summary Judgment be denied. reviewed the record de nova, The Court, having concurs with the Magistrate's reasoning and legal conclusions and agrees that summary judgment should be granted with respect to all claims against Nurse Watson. Mr. Williams' Objections, which lack both specificity and substance, are therefore overruled. As for Deputy Freeman, the case against him must be dismissed without prejudice, just as the Magistrate Judge recommends, as he was never successfully served. Accordingly, IT IS ORDERED that the R&R (Doc. 44) is ADOPTED IN ITS ENTIRETY, Defendant Nurse Darla Watson's Motion for Summary Judgment (Doc. 34) is GRANTED, and all claims against her are DISMISSED WITH PREJUDICE. The claims against Defendant Deputy Freeman are DISMISSED WITHOUT PREJUDICE pursuant to Federal Rule of Civil Procedure 4(m), for failure to effect service upon him. Final judgment � will enter contemporaneously with this O IT IS SO ORDERED on this er. J.S:!day of Au 2

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